Candidate Miguel Solis has asked a judge to dismiss a case that challenges whether he can legally run for the District 8 seat in Dallas ISD.

His opponent, Kristi Lara, contends that he does not meet residency requirements to run for the post. She filed for a temporary injunction in Dallas County district court against DISD and Solis on Monday to get him removed from the Nov. 5 ballot. She also seeks to prohibit votes cast for him from being counted. Early voting started Monday.

The two candidates are vying to fill the unexpired term of the seat left vacant by Adam Medrano, who is now on the Dallas City Council. The term expires in May, and it will then be up for election on its regular three-year cycle.

Candidates are required to live in the district where they are running for at least six months before the filing deadline, which for this election was Sept. 4. Lara contends that Solis did not meet the requirement.

But Solis is adamant that he met all requirements. His court filing states that he took up residency in District 8 on Feb. 13 – more than six months before the filing deadline – in anticipation of running for the post. At the same time he was still on an apartment lease until July 29 in District 9, according to his court filing.

Attorneys for Solis filed a request to dismiss the case on Thursday. The court filing states that “Lara’s lawsuit is nothing more than a meritless and last-ditch effort to confuse and distract the voters of District 8.”

Attorneys for Lara contend that the actions of DISD and Solis, if not prevented by the court from continuing, “will irreparably harm [Lara] and the voters in District 8, and there exists no adequate remedy of law.”

But Solis’ attorneys reject the claim, and site it as a reason to dismiss the case. “Texas courts have repeatedly rejected such claims on the ground that candidates do not have standing to ask that a court prevent an opponent from taking office,” the court filing states. It also states that once voting begins, “a candidate’s interest in having a court declare her opponent ineligible becomes indistinguishable from that of the general public.” It further states that such a case would have to be prosecuted by the state.

Judge Gena Slaughter in the 191st District Court is presiding over the case. She is expected to determine whether it will be dismissed or continue on later today. A hearing is set for Nov. 1 for the request for temporary injunction.

New information, 4:20 p.m.: Judge Gena Slaughter did not make a ruling today on Solis’ request for dismissal. She will have a conference call with attorneys on Monday before making a decision, according to a court schedule.

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